DUI Expungements

April 25, 2011

Burbank DUI Breathalyzer Disaster – Alco-Sensor V Breathalyzers Found to Be “Erratic” – Hundreds of Cases Could Be Affected

Last week saw some major breaking Burbank DUI news – the Ventura County District Attorney’s Office released memos showing that Intoximeter’s Alcohol Sensor V breathalyzer tests — used in the field between January 20 and March 31st this year — have demonstrated “erratic results.” The upshot is that many people arrested for crimes like Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI over past three months might have been victimized.

According to reports, an officer in the field discovered the defect in the new breathalyzers. He reported the problem, and the police quickly pulled the machines from the field (128 devices total – each one worth approximately $4,800!).

Further testing revealed that chilling the machines skewed their readings. Officers get four hours of training on breathalyzers before they use them in the field. Intoximeters Incorporated (a St. Louis Company) allegedly put the devices through pretty vigorous beta testing. But despite these precautions, serious design flaws persisted. Tragically, the flaws may have lead to the unjust arrests and convictions of many people in 2011.

As this Burbank DUI blog often points out, the legal limit (stipulated by California Vehicle Code Section 23152(b)) for driving under the influence in CA is 0.08% BAC. This means, in other words, if you blew into an Alco-Sensor V machine and got a reading of, say, 0.10% BAC, you might have been arrested for a crime you didn’t actually commit.

An experienced Los Angeles Criminal Defense Attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (offices in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), would point out that breathalyzers in general have far more flaws than the public typically knows about.

Men and women, for instance, process alcohol differently. Diabetics and dieters often produce chemical compounds known as ketones on their breath which can generate “false positives” on BAC tests. The devices may be poorly calibrated or misinterpreted. The devices may also malfunction under certain pressure and temperature conditions –witness what happened here with the Alco-Sensor V debacle.

This breathalyzer disaster also drives home how important it is for defendants to work with high-quality attorneys. When you are charged with a DUI, not only can lose your license, but you can also be slapped with penalties such as fines, court costs, jail time, mandatory probation, mandatory IID installation, and alcohol school. You may also face negative repercussions for your career and reputation.

Attorney Michael Kraut of Los Angeles’ Kraut Criminal & DUI Lawyers can speak with you about how and why you got pulled over for Ventura County DUI and explain your rights, responsibilities, and “best path” forward, so you feel more comfortable and secure about the direction of your defense.

April 4, 2011

Pasadena DUI “Century Club” – Texas Man Faces 99 Years behind Bars for 16th DUI

by Michael Kraut

Many recidivist Pasadena DUI drivers – people who’ve been arrested more than once for a crime like driving under the influence in Pasadena, Glendale DUI, Burbank DUI, Los Angeles DUI, etc — wrestle with deep and hard to crystallize psychological problems.

A DUI can happen to the best of people with the best of intentions. For instance, say a person goes to a cocktail party and leaves after only having two drinks. But she fails to recognize that drinking on an empty stomach has elevated her BAC to above the Southern California DUI legal limit of 0.08%. She then gets stopped at a checkpoint and arrested. Her life comes crashing down.

Even recidivist offenders often face only relatively innocuous demons. For instance, maybe a guy who gets arrested three times over the course of 15 years for DUI simply lacks intuition for how much alcohol his body can handle.

What about a 16 time DUI recidivist, like 52-year old James Steven Corley of Montgomery County, Texas? Hmm. He may have some serious issues to work out. Unfortunately for Corley, his 16th life-time conviction for DUI was the final straw, according to local prosecutors. Last August, an officer saw Corley weaving in his lane and driving with a broken tail light. The officer pulled him over and found him to have a BAC of 0.10%.

According to the Deputy District Attorney for Montgomery County: “This defendant is an extremely dangerous driver…practically every time he is getting behind the wheel of a motor vehicle, according to the testimony, he is driving drunk. He testified that whenever he does it, he doesn’t think about anybody who is on the street with him. It’s all about him. All about getting drunk.”

According to an analysis of the case, Corley might be able to get parole in 10-15 years, depending on his behavior and other factors. A 99-year jail sentence for DUI – even for an extreme case of Pasadena DUI – is relatively unusual. Do note, however, that you can easily get a lengthy jail sentence for Pasadena DUI murder or vehicular manslaughter. When you hurt another person – or kill somebody – obviously your potential penalties go way, way up, even if you’re a first time DUI driver, and even if you were just barely over the limit.

If you did hurt or kill someone, prosecutors and the judge will take into account a variety of other factors, including your level of intoxication, past criminal history (if any), your past DUI history, and the quality of your driving when you caused the injury accident.

To make a sensible defense, look to a quality and well regarded Los Angeles criminal defense attorney. The law allows you to defend yourself in a complicated Pasadena DUI injury case. But in general, you’d be advised to retain professional counsel.

Mr. Michael Kraut (of the Kraut Criminal & DUI Lawyers — 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has deep experience helping clients just like you in complicated and unfortunate DUI circumstances. For years, Mr. Kraut served as a Deputy District Attorney for the city – during which he actively worked to put DUI offenders behind bars. As a result of his stint (14 plus years) as a prosecutor, Mr. Kraut has developed a profound understanding of how prosecutors think, and he also developed a veritable arsenal of tools and strategies to help his clients battle their charges effectively.

January 24, 2011

Long Beach DUI and Huntington Beach Dilemma: Should Busted Drivers be Outed on Facebook?

by Michael Kraut

One of the biggest debates roiling the Southern California DUI community today concerns whether or not Huntington Beach was correct in rejecting a proposal that would have allowed police to post mug shots of DUI offenders on Facebook. Last Tuesday, the Huntington City Council voted down this “shaming proposal” proposed by city council member Devin Dwyer.

If you or someone you care about has recently gotten a Padadena DUI, Burbank DUI, Glendale DUI, or Los Angeles DUI, you are almost certainly at least peripherally aware of the Huntington Beach City Council debate. Indeed, Time Magazine did a major story on the Facebook shaming proposal last week. As Time journalist Allie Townsend reports, “Huntington Beach does have a serious problem: drunk driving is something of a community epidemic… where more than 1,600 of the 200,000 people (in Huntington Beach) were arrested in 2010, according to the AP.”

Townsend argues eloquently that the kind of public humiliation proposed by Dwyer would not be a good idea. It’s not that she has excessive sympathy for people who willfully break the law; rather, she fears (rightly so) that Facebook DUI mug shots could be passed around. They could haunt not only the offender but also the offender’s family and children for years to come. For instance, a middle schooler may face long-term taunting if his dad’s DUI mug shot winds up on Facebook.

Moreover, when you are arrested for DUI, you are often quickly judged “guilty” in the minds of colleagues, friends and family. Deeper analyses of Long Beach DUI arrests, however, reveal that DUI busts are often far from justified and far from conclusive.

Consider the following. A Long Beach breathalyzer test – commonly referred to as a preliminary alcohol screening (PAS) test – indirectly quantifies how much alcohol you have in your system. If you are above a certain amount – typically 0.08% BAC – you can be arrested and charged pursuant to California Vehicle Code Section 23152 (b).

Breath tests seem like they should work. But they are far less accurate than most people – including most police officers – realize. Men and women process alcohol at different rates. Diabetics produce unusual chemicals on their breath; these chemicals can interfere with test results. And if you blow too deeply into the machine, you may wind up with a Long Beach DUI reading without actually being DUI. And it goes on and on like this.

So what’s the best response?

In short, defendants should equip themselves with excellent information and consult immediately with a qualified Los Angeles criminal defense attorney. In Long Beach, you can connect with the Kraut Criminal & DUI Lawyers at 444 West Ocean, Suite 800 Long Beach, California 90802 phone 562-531-7454.

Attorney Kraut stands out among Los Angeles DUI attorneys because he is a former prosecutor, because he is a respected maven in the LA DUI community; and because he has demonstrated superlative results for his clients again and again, often in highly technical and complicated cases.

January 3, 2011

Beverly Hills DUI Breaking News: Nicole Richie’s Probation Cut Short by a Month

by Michael Kraut

Many stories involving Beverly Hills DUI deal with tragedy and heavy circumstances. But a recent tabloidesque story out of The Hills has riveted the nation’s attention for its sheer frivolity. Reality TV star Nicole Richie has received a reprieve: her probation for 2006 arrest has been cut short by a month, after her attorney demonstrated that she had attended her alcohol ed classes and met all the conditions of her sentence.

If, like Ms. Richie, you’ve recently been tagged with a charge of Glendale DUI, DUI in Pasadena, DUI in Burbank or DUI in Los Angeles, you may find it interesting that 29-year-old managed to speed up her sentence, even though she got in trouble in June 2010 for missing her court ordered classes. Like her fellow trouble-making celebutantes, Paris Hilton and Britney Spears, Richie garnered much public opprobrium for her misbehavior. Her 2006 DUI arrest was particularly scary. She drove the wrong way down a freeway in LA while under the influence – a terrifically dangerous act that easily could have killed someone. Now that she has two kids, Richie appears to be deeply contrite about her past actions. She said: “there is absolutely no way I will do anything like that again… I am in a completely different place now I have… I have to really be someone I want my child to look up to.”

So what are some typical penalties for Beverly Hills DUI?

It’s hard to say specifically what prosecutors will throw at you unless more details are known.

• If you are a multiple offender – that is, if you get convicted for DUI more than once within 10 years, your penalties will go up quite significantly.
• If you hurt someone while DUI in Beverly Hills, what ordinarily might be a simple misdemeanor offense will be charged as a felony.
• The court will look at things like the severity of your DUI, whether you cooperated with police or not, whether you demonstrate contrition or not, and whether extenuating circumstances existed.
• Even for a first time DUI misdemeanor, you can get a minimum of 48 hours in jail, a one-year license suspension, a mandatory installation of an IID device in your vehicle and other punishments.
• At the more elevated end of the punishment spectrum, if you get convicted of DUI murder in Southern California, you could face 15 years to life behind bars.

To navigate your defense, turn to an expert and experienced Los Angeles criminal defense attorney. Local Beverly Hills lawyer Michael Kraut (9107 Wilshire Boulevard Suite 450, Beverly Hills, California 90210. Phone: 310-550-6935) can provide timely, superior service. As a former Deputy DA for the City of Los Angeles, Mr. Kraut understands Southern California DUI law from both a theoretical and experiential point of view. He has demonstrated tremendous success at trial and uses his many key relationships to deliver best result for his clients.

December 17, 2010

Los Angeles DUI Analysts Review Olympic Gold Medalist’s Visa Dilema

by Michael Kraut

Most people hit with charges of Los Angeles DUI want to clean their records as quickly as possible to avoid things like license suspension, jail time, significant court costs, and probation. But a 30-year-old Olympian has a very unique and compelling motivation to battle his 2009 DUI charge: bobsledding gold-medalist Steve Holcomb needs his DUI charge dropped so that he can get a visa to travel to Canada to compete in the World Cup.

If you or someone you care about has been recently slapped with a charge of DUI in Pasadena, DUI in Burbank, DUI in Glendale, or driving under the influence in Los Angeles elsewhere, odds are that your reasons for wanting to fight your charges are more mundane (but not necessarily less important!)

Here are the details on the strange case of the DUI gold medalist:

In October 2009, the Utah native made a U-turn on Route 224 but got stopped for making the turn illegally. The sheriff’s deputy tested him for DUI and found that he had a blood alcohol concentration (BAC) of 0.19% – over twice the Utah (and Southern California) DUI limit. At first, Holcomb got the charge dismissed because the sheriff’s deputy did not sign his citation properly. But Summit County Attorney David Brickley refiled the case shortly thereafter.

Last Tuesday, Holcomb’s attorney appeared in court to fight the charge: “If the DUI charge remains, Holcomb can’t participate in this incredibly crucial event (the World Cup).” The lawyer told the judge: “If Canada turns down a request for a visa, we will have no choice but to litigate the case.”

Attorney Brickley, for his part, suggested that he would be willing to plea bargain the charge down to an impaired driving conviction. But this count would still be a misdemeanor – enough to prevent Canada from letting the Olympian get his visa.

A Southern California DUI conviction can radically throw your life and business out of whack. Although Holcomb still has not been convicted of his 2009 DUI, the charge alone has been enough to throw his athletic career offline.

The law takes driving under the influence charges very seriously. First time convicts — for even misdemeanor DUI offenses — can face 48 hours in jail with a maximum of six months; mandatory DUI alcohol school; informal or formal probation; a one year CA license suspension without restrictive license possibilities; interlock device installation (which you have to pay for); and much more. This doesn’t even count the incalculable secondary problems that you will face, including loss of respect among your family, peers, and business associates and all the time that you will have to spend battling back against the charges.

The penalties actually can be ratcheted up significantly if you commit more than one Los Angeles DUI within 10 years; if you hurt someone or destroy property while DUI; or if you flee the scene of an accident (hit and run).

To build the stiffest, most resilient defense, you need a lawyer who has strong trial experience and a deep familiarity with the law. Look to Los Angeles criminal defense Michael Kraut to get timely and battle-proven advice about what steps to take to fight your charges. Michael Kraut is an ex-District Attorney for the county – as a former prosecutor, he knows how prosecutors think and plan; and he will use his relationships and personal experience to battle for your rights.

October 29, 2009

Mel Gibson Finally Puts His Southern California DUI Behind Him

by Michael Kraut

On Tuesday, movie star and director Mel Gibson finally saw his July 2006 Southern California DUI conviction expunged from his record. Gibson’s arrest in the summer of 2006 riveted the nation after Gibson allegedly threw an anti-Semitic tantrum subsequent to his being taken into custody, in which he unleashed a fusillade of insults and racist remarks, including saying that “the Jews are responsible for all the wars in the world.” Mel%20Gibson%20DUI.jpg

Judge Lawrence Mira consented to clear Gibson of his Los Angeles DUI charge because the actor/director had conformed to the terms of his probation, which included attending AA meetings, paying nominal fines, and avoiding further arrests for driving under the influence.

Had Gibson consulted a knowledgeable Los Angeles DUI lawyer after he had been pulled over on PCH for driving around 85 mph, he likely would have been advised against behaving rudely and aggressively towards the deputy officer who made the arrest.

That being said, being courteous to an arresting officer does not mean being compliant or submissive. In fact, if you’re overly forthcoming about your activities, you can exacerbate your legal woes. Admitting to “only having had a few drinks,” for instance, can significantly complicate your case.

Under what conditions can a suspect refuse an alcohol test? The law is murkier than most people realize. You can refuse under certain circumstances; but under other circumstances, refusal can constitute a criminal offense. For instance, if you’re on probation for driving under the influence of Los Angeles, or if you’ve just been arrested, you must take a test. (And if you’ve been arrested under suspicion of drug use, you may also have to take a urine test.)

You can also be penalized if you delay taking a test. That said, if the conduct of the arresting officer contributed to or caused the delay, then said delay may not actually constitute a refusal, legally speaking. If the police do not advise a suspect about penalties for refusal, the court can choose to ignore a refusal, even if one did in fact take place. According to Southern California law, arresting officers can obtain blood samples for BAC testing by force if need be. For instance, if a suspect has passed out at the wheel and has evinced signs of DUI, an officer can take a sample — even in spite of the suspect’s unconsciousness.

For help navigating the complexities that have resulted from your DUI arrest, turn to attorney Michael Kraut. For many years, attorney Kraut worked as a DUI prosecutor in Los Angeles. He knows how to critically dissect prosecutorial arguments and brings to bear a tremendous and detailed knowledge of how Los Angeles DUI cases are fought. He also boasts an impressive academic pedigree (Harvard Law School).

October 21, 2009

Montana Senator Hit with Felony Charges For Boating Under the Influence — Case May Merit More News Coverage than Even Many Celebrity Southern California DUI Matters

by Michael Kraut

It’s a case that rivals a celebrity Los Angeles DUI escapade — and it took place in Montana, of all places. At the center of the storm is Senator Greg Barkus (R- Montana) who, on the night of August 7th, allegedly drove a boat into a rocky coastline at speeds approaching 45 miles per hour.

Senator Barkus (along with his wife, fellow Congressman Denny Rehberg, and two staffers) were all hurt in the accident. Prosecutors have revealed that Senator Barkus’ blood sample tested at 0.16 percent nearly two hours after the crash occurred. That’s twice Montana’s legal limit for driving (0.08 percent). The senator has been tagged for DUI previously. In 2004, he pled guilty to driving under the influence in the city of Polson, Montana.

If convicted of felony charges against him, the senator could face up to ten years in prison — for each of the three charges — and he could face tens or thousands of dollars worth of fines. He is due to appear in Flathead District Court in Montana on October 22nd for his arraignment.

As a veteran Southern California DUI defense attorney would likely have told the senator, building a rock-ribbed legal defense in a case as complex and public as this requires careful investigation. For instance, a deep analysis might lead the senator to challenge the validity of the results of his blood test. (According to a report in The Billings Gazette, the senator’s passengers did not (at the time) believe him to be intoxicated. Another report revealed that a political rival (a Democrat state representative) ran the lab where the senator’s blood sample was first sent to be analyzed.)

Contrary to many people’s beliefs, blood tests often yield unclear or even biased results. Many factors can cause the test to indicate a higher BAC level than the subject actually might have had. For instance, the chemicals inside the test may have been expired or poorly preserved. The sample may have been misidentified, mishandled, mistested, misinterpreted, or stored improperly. Problems with sterility, refrigeration, and contamination can all influence results.

Of course, given that courts generally consider blood tests to be more reliable than breathalyzer and urine tests, it’s almost always a good idea to retain a top notch Southern California DUI attorney to assist with your case. If you have been arrested and charged with DUI in Los Angeles, connect today with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. Attorney Kraut is a Harvard Law School grad and a former LA District Attorney with a tremendous track record. Since he once prosecuted DUI cases for a living, he understands better than most how to shore up potentially shaky defenses and aggressively battle back.